File a Complaint
All complaints will be addressed in a confidential, courteous, and efficient manner and with respect to the complainant.
All staff members are expected to treat all customer complaints objectively and without prejudice, bias, or hostility toward any person.
Complaints specific to an area of the Police Department are first handled by the appropriate first line supervisor, then by the supervisor of the division, and finally by the Chief of Police.
Complaints against other University employees, other than allegations of sexual harassment or discrimination under the law, are handled through the University's staff or faculty complaint and grievance policies and through coordination of the Staff Employee Mediation and Grievance Policy (UPPS 04.04.41)
Allegations of sexual harassment, discrimination or title 9 complaints are referred to and coordinated with the University's Office of Equity and Inclusion.
All complaints regarding Police Department employees will be reviewed and investigated as appropriate. Depending on the seriousness of the complaint, an Internal Affairs investigation may be conducted at the direction of the Chief of Police.
Once the complaint has been investigated, the person making the complaint will be notified of the findings without delay.
By law, complaints of employee misconduct must be reduced to written form and signed by the complainant to help ensure appropriate documentation of both the nature and substance of the complaint.
Information About Filing Complaints
It is the policy of the Texas State University Police Department to receive and investigate complaints concerning its employees. Persons desiring to make a complaint must understand the importance of submitting their complaint in writing with their signature affixed. The Texas Government Code, Section 614.022 (shown to the right) provides that all complaints to be considered on law enforcement officers must be in writing and signed by the person making the complaint.
The Texas Government Code also requires that a copy of the complaint be presented to the employee within a reasonable time and before any disciplinary action may be imposed.
Allegations made in a complaint investigation may have one of the following outcomes:
a. Unfounded - The allegation is false, not factual
b. Exonerated - The incident occurred, but was lawful and proper or was justified under the existing conditions.
c. Not Sustained - There is insufficient evidence to prove or disprove the allegations.
d. Sustained - The allegation is supported by sufficient evidence. A sustained complaint may result in disciplinary action against the employee.
If a complainant deliberately gives false information causing the police department to conduct an investigation, the information can be presented to the District Attorney’s office for prosecution.
Instructions for Filing a Complaint
After reading the information on this page, contact UPD to discuss the incident, allegations, and complaint:
Texas State University Police Department
615 North LBJ Drive
San Marcos Texas 78666
With the information you provide, and your input, a decision will be made regarding the classification and handling of the complaint, and the complaint will be addressed appropriately.
Upon completion of an investigation into a complaint, you will be notified as to the outcome.
TEXAS GOVERNMENT CODE
Complaint Against Law Enforcement Officer or Firefighter
Sec. 614.023. Copy of Complaint to Be Given to Officer or Employee
(a) A copy of a signed complaint against a law enforcement officer of this state or a fire fighter, detention officer, county jailer, or peace officer appointed or employed by a political subdivision of this state shall be given to the officer or employee within a reasonable time after the complaint is filed.
(b) Disciplinary action may not be taken against the officer or employee unless a copy of the signed complaint is given to the officer or employee.
(c) In addition to the requirement of Subsection (b), the officer or employee may not be indefinitely suspended or terminated from employment based on the subject matter of the complaint unless:
(1) the complaint is investigated; and
(2) there is evidence to prove the allegation of misconduct.
TEXAS PENAL CODE
Perjury and Other Falsification
Sec. 37.02. Perjury
(a) A person commits an offense if, with intent to deceive and with knowledge of the statement's meaning:
(1) he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code.
(b) An offense under this section is a Class A misdemeanor.
Sec. 37.03. Aggravated Perjury
(a) A person commits an offense if he commits perjury as defined in Section 37.02 , and the false statement:
(1) is made during or in connection with an official proceeding; and
(2) is material.
(b) An offense under this section is a felony of the third degree.